Police records quoted in Stack rape trial
An Arsenal and Republic of Ireland footballer accused of raping a law student after meeting her in a West End club told police who arrested him “I didn’t have sex with her", a court heard today.
The 22-year-old claims she “almost passed out” when goalkeeper Graham Stack allegedly attacked her and his friend Allan Smillie allegedly sexually assaulted her in the player’s flat on September 1 last year.
Counsel for the defence claim the young woman was “up for it” after a night out at Trap on Wardour Street, central London and after a “kiss and a cuddle” with Smillie, instigated consensual sex with Stack, whose girlfriend was in the next room.
Today, however, Croydon Crown Court was told that the player denied sleeping with the woman when officers called at his home in Beckenham, South London later that day.
Det Con Murray Bannister said: “I asked Mr Stack how many bedrooms there are and which one do you use, to which he replied: ’the four of us went to the other bedroom and then the alleged victim left and I slept in my bedroom with X.”’
He said he asked the defendant about the clothes he had been wearing and he said: “they are here, they haven’t been washed.” He also said the bedding hadn’t been washed either, the nine woman, three man jury was told.
Mr Murray’s colleague then asked Stack if contraceptives had been used.
“Mr Stack said: ’not between me and X – we are seeing each other, I didn’t have sex with the other girl,”’ the officer said.
He continued: “’the alleged victim was sick in the bathroom and went into the bedroom to lie down. She got a glass of water then went to lie down on her own.”’
Mr Bannister also told the south London hearing that Stack did not answer any questions during a 20 minute interview with police later that night but that this was on the advice of his solicitor.
Stack was on loan to Millwall at the time of the alleged attack and is currently on loan to Reading.
The 23-year-old of Ladygate Lane, Ruislip, North West London, denies one count of rape and one count of sexual assault.
Smillie, also 23, an operations manager from Boundaries Road, Feltham, West London, denies two counts of sexual assault.
The court earlier heard from PC Justin Muggeridge who visited the alleged victim at her north London home on the day in question.
He said the woman, who was 21 at the time, looked nervous and was shaking slightly as she sat in a large armchair with her legs tucked up on the seat.
She told him she had been assaulted, the hearing was told.
PC Muggeridge said: “She hesitated then looked up at us and then said: ’Sexually assaulted’. Her voice was very shaky and she looked at the floor. She was playing with a sock she was wearing.”
He said he asked her what the defendants were alleged to have done. “She said something, I didn’t quite make out what it was and then she said: ’Full sex,”’ the officer said.
“I could see that she was now shaking quite violently, her voice was shaking, she kept licking her lips.
“I said: ’Where was your mate?’ She said she was in the next room taking out her contact lenses or something.
“I said: ’Where was the other bloke?’ She said he was in the room with him.
“I said: ’Did he do anything?’ She said he tried but couldn’t. I think she then said that he did other things but I’m not sure ...”
The officer said the alleged victim had told him she didn’t know where she was at the time and asked the cab driver and he said ’Beckenham’.
He continued: “She was obviously upset with this and she had tears in her eyes. I noticed that (her mother) was also looking slightly distressed at this time so I asked them both if they were alright and they nodded.”
The court also heard from taxi driver Alan Whitehouse who drove the woman home that night.
He said she was “sort of semi-crying” and seemed “generally upset” but that she didn’t smell of alcohol or sick.
He said he turned round and asked her on two occasions if she was OK and she said ’yes’ both times.
The trial was adjourned until tomorrow.
